Restriction of trade?

[GB9]

OPT out but that was just in a Contractor assignment and not a contract.
Yes, the above is correct in what you ask.

What they are doing is unenforceable (not illegal, I thank NLUK for that).

How determined are you to fight it? If you don't want a fight can't you agree to pay a commission percentage to the previous agent for a period of time?

Personally, I enjoyed the fight and enjoyed the victory even more.

[stebain3258]

Steve

I think i need to clarify better.

I work for company A via an agency and that contract finishes. Company A have an outsource company B who support all their IT infrastructure and I don't work for them I worked for company A. Company B wants me to move over to them on agreement from Company A and continue my support role for company A as I was doing prior to my contract finishing.

Agency say NO unless company B buy me out as 12 month clause in contract.

[GB9]

I think i need to clarify better.

I work for company A via an agency and that contract finishes. Company A have an outsource company B who support all their IT infrastructure and I don't work for them I worked for company A. Company B wants me to move over to them on agreement from Company A and continue my support role for company A as I was doing prior to my contract finishing.

Agency say NO unless company B buy me out as 12 month clause in contract.

As per my previous reply, I have fought that and won. Either come to an agreement of a token commission that you pay to agency for a short period of time, or fight.

Personally I would fight as I hate that sort of behaviour.

[stebain3258]

Steve

Company B legal team has already asked the agency and for the remaining term it was £12,000 to buy me out That was for the remaining 3 months out of 12 months in the clause. It is now 2 months as been out of work since finishing. However, company B want's me back and has reserved the position for me until the 3rd of june. Contract clause was for 12 months, which is on 1st June.

I may just ring the agency and say i am desperate to get work to pay bills and there is a job for me. The agency hasn't even tried to find me more work...

[Wanderer]

I may just ring the agency and say i am desperate to get work to pay bills and there is a job for me. The agency hasn't even tried to find me more work...

If you don't have a signed contract with the agency explicitly saying that you are opted out then you aren't opted out so the restraint of trade is invalid. I would be inclined to go legal on them.

Tell them you didn't properly opt out therefore the restraint of trade is not valid and if they don't back off then you will sue for lost earnings. Don't get into a slanging match with some retarded agent, you need to tell this to the legal team. Preferably get your own legal representation to deal with them though watch out that the cost of this isn't going to be open ended.

Also, if the agency didn't give you the option of a non opted out contract then they are acting illegally so report the agency to the following organisations:

1. Employment Agency Standards Inspectorate eas@berr.gsi.gov.uk
2. REC (if the agency is a member)
3. PCG agencyregs@pcg.org.uk (if you aren't a PCG member, consider joining too)

[stebain3258]

Steve

Thanks all for your advice

[northernladuk]

If you don't have a signed contract with the agency explicitly saying that you are opted out then you aren't opted out so the restraint of trade is invalid. I would be inclined to go legal on them.

It's not invalid, just much much shorter surely?

[Andy Hallett]

Yet again you guys miss the point.

The agency is not seeking to restrict the worker. As you point out (correctly) they would be on sticky ground and it would be potentially unenforceable due to regs and restraint of trade etc.

What the agency CAN do is have a clause in the contract for a pre-agreed transfer fee that will be payable should the client engage the services within the restriction period.

[northernladuk]

Yet again you guys miss the point.

The agency is not seeking to restrict the worker. As you point out (correctly) they would be on sticky ground and it would be potentially unenforceable due to regs and restraint of trade etc.

What the agency CAN do is have a clause in the contract for a pre-agreed transfer fee that will be payable should the client engage the services within the restriction period.

But doesn't the correct opt in/out option negate this? Or is that just to take him on as perm?

[Andy Hallett]

But doesn't the correct opt in/out option negate this? Or is that just to take him on as perm?

Yes, Opt in agreements have the maximum restriction periods defined under regs.